#THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and extent. 
2. Grounds for decree for dissolution of marriage 
3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known. 
4. Effect of conversion to another faith.
5. Rights to dower not to be affected. 
6. [Repealed.]. 



#THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 

##ACT NO. 8 OF 1939 

[17th March, 1939.] 

An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of 
  marriage by women married under Muslim law and to remove doubts as to the effect of the 
  renunciation of Islam by a married Muslim woman on her marriage tie. 

  WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to suits 
for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of 
the  renunciation  of  Islam  by  a  married  Muslim  woman  on  her  marriage  tie;  It  is  hereby  enacted  as 
follows: –– 

1. **Short title and extent.** ––  (1) This Act may be called the Dissolution of Muslim Marriages 
Act, 1939. 

(2) It extends to the whole of India [^1]. 

2. **Grounds for decree for dissolution of marriage.**—A woman married under Muslim law shall be 
entitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, 
namely: –– 

  (i) that the whereabouts of the husband have not been known for a period of four years; 

  (ii) that the husband has neglected or has failed to provide for her maintenance for a period of two 
years; 

  (iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards; 

  (iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a 
period of three years; 

  (v) that the husband was impotent at the time of the marriage and continues to be so; 

  (vi) that the husband has been insane for a period of two years or is suffering from a virulent 
venereal disease; 

  (vii) that she, having been given in marriage by her father or other guardian before she attained 
the age of fifteen years, repudiated the marriage before attaining the age of eighteen years : 

   Provided that the marriage has not been consummated; 



[^1]. In its application to Pondicherry, in section 1, after sub-section (2), the following shall be inserted— 

―Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.‖ — (Vide Act 
26 of 1968). 
The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.  

 
 
 
  (viii) that the husband treats her with cruelty, that is to say, — 

     (a) habitually assaults her or makes her life miserable by cruelty of conduct even if 
such conduct does not amount to physical ill-treatment, or 

     (b) associates with women of evil repute or leads an infamous life, or 

     (c) attempts to force her to lead an immoral life, or 

     (d) disposes of her property of prevents her exercising her legal rights over it, or 

     (e) obstructs her in the observance of her religious profession or practice, or 

     (f) if he has more wives than one, does not treat her equitably in accordance with the 
injunctions of the Qoran; 

  (ix) on  any  other  ground  which  is  recognised  as  valid  for  the  dissolution  of  marriages 
under muslim law : 

  Provided that — 

     (a) no decree shall be passed on ground (iii) until the sentence has become final; 

     (b) a decree passed on ground (i) shall not take effect for a period of six months from the date 
of such decree, and if the husband appears either in person or through an authorised agent within 
that  period  and  satisfies  the  Court that  he is  prepared  to perform  his  conjugal  duties,  the  Court 
shall set aside the said decree; and 

     (c) before  passing  a  decree  on  ground  (v)  the  Court  shall,  on  application  by  the  husband, 
make an order requiring the husband to satisfy the Court within a period of one year from the date 
of such order that he has ceased to be impotent, and if the husband so satisfies the Court within 
such period,  no decree shall be passed on the said ground. 

3. **Notice  to  be  served  on  heirs  of  the  husband  when  the  husband’s  whereabouts  are  not 
known.** — In a suit to which clause (i) of section 2 applies — 

  (a) the names and addresses of the persons who would have been the heirs of the husband under 
Muslim law if he had died on the date of the filing of the plant shall be stated in the plaint, 

  (b) notice of the suit shall be served on such persons, and 

  (c) such persons shall have the right to be heard in the suit : 

  Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he 
or they are not heirs. 

4. **Effect of conversion to another faith.** —The renunciation of Islam by a married Muslim 
woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage: 

  Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree 
for the dissolution of her marriage on any of the grounds mentioned in section 2: 

  Provided  further  that  the  provisions  of  this  section  shall  not  apply  to  a  woman  converted  to  Islam 
from some other faith who re-embraces her former faith. 

5. **Rights to dower not to be affected.** — Nothing contained in this Act shall affect any right which a 
married woman may have under Muslim law to her dower or any part thereof on the dissolution of her 
marriage. 

6. *[Repeal  of  section  5  of  Act  26  of  1937.]  Rep. by the  Repealing  and  Amending                                       
Act,* 1942 (25 of 1942), s. 2 *and the First Schedule.*